In a lawsuit against
the City of New York by a police officer who tripped and fell on a stairway
while engaged in responding to a domestic violence complaint at another
officer's apartment, common law negligence claims were barred by the firefighter's
rule. The officer could, however, pursue claims against the city under
General Municipal Law Sec. 205-e based on purported violations of the City's
obligation under its administrative code to maintain illumination in a
building's exits and stairways. Sec. 205-e grants police officers the right
to recover damages for personal injuries or death resulting from another
personís negligence in failing to comply with statutory or regulatory requirements.
The officer claimed that she could not be sure of the cause of her fall
because of the lack of lights at the building on the stairway and rear
exit. Foley v. City of New York, No. 1485, 2007 N.Y. App. Div. Lexis 9695
(A.D. 1st Dept.). Police officer could
properly be awarded damages for injuries he suffered when he slipped and
fell because of ice that formed at the bottom of a flight of stairs leading
to a subway station. The jury could reasonably have concluded that the
transit authority had constructive notice of the presence of the ice, which
was an inch thick, but failed to remedy it. Anthony v. N.Y. City Transit
Authority, 2005-08085, (Index No. 39516/96), 2007 N.Y. App. Div. Lexis
2550 (2nd Dept.).
Building owner was not liable for injuries
police officer suffered on the premises when one of the steps on a stairway
broke. Officer failed to show that the owner created the alleged defect
on the stairs or had prior notice of it, or that there was a violation
of a city building code provision. Crespi v. M.E.I.T. Associates, LLC,
795 N.Y.S.2d 275 (A.D. 2d Dept. 2005). [N/R]
Officer who was injured from a slip and fall
allegedly caused by cracked and unstable marble step in building's common
stairwell was properly awarded $400,000 in damages against the building
owner by a jury. Evidence showed that the defect in the stair had been
there for an "appreciable length of time" prior to the injury,
demonstrating "culpable negligence" by the building owner. O'Neill
v. Julav Realty, Ltd., 769 N.Y.S.2d 223 (A.D. 1st Dept. 2003). [N/R]
Officer who was injured while pursuing intruders
at construction site after being summoned there by private security personnel
could pursue his claim for damages against general contractor and owner
of site. There were genuine issues as to whether the defendants had notice
of the loose construction strut that allegedly caused the officer to fall
on an unlit stairway. Sanchirico v. Nickerson Terrace Redevelopment Associates,
L.P., 751 N.Y.S.2d 187 (A.D. 1st Dept. 2002). [N/R]
Building owner was not liable to deputy sheriff
for dog bite suffered while attempting to serve process on a tenant in
an eviction case. Landlord was not reasonably on notice of the presence
of the dog on the building premises simply because of dog droppings in
the yard. Landlord was also entitled to protection under the one-bite rule
even if they knew of the dog's presence, when they had no knowledge of
this dog's dangerous propensities. Montier v. Silver Lake I, L.P., #2001-514,
813 A.2d 978 (RI 2003). [N/R]
City was not entitled to summary judgment
in lawsuit for personal injuries brought by police officer who was injured
in a slip and fall in a building it owned. There were genuine issues of
fact as to whether the city had notice of the alleged defective condition
in the building which caused the fall. Malanga v. City of New York, 752
N.Y.S.2d 391 (A.D. 2002). [N/R]
Police officer could not recover damages,
under New York state law, from building owner for his injuries after he
fell from an allegedly wobbly ladder borrowed from nearby gas station while
checking the building's roof for criminal activity. Officer did not show
a connection between his injury and the building owner's alleged negligent
maintenance of his yard. Sconzo v. Emo Trans, Inc., 744 N.Y.S.2d 471 (A.D.
2002). [N/R] 346:156 City drainage ditch located
on homeowner's property, obscured by bushes, was not a "mantrap or
pitfall"; no liability to officer who fell into ditch after coming
onto the property while chasing a suspect. Aldredge v. Symbas, No. A01A0025,
547 S.E.2d 295 (Ga. App. 2001).
337:9 Owner of property containing tree from
which limb fell onto road could not be held liable for accident in which
motorist struck officer summoned to the scene because the limb was blocking
traffic; tree and its limb did not cause the officer's injuries when motorist
stated that her inability to see officer before striking him was based
on poor visibility from "fog" inside her vehicle and rain. Ashy
v. Migues, No. W99-1498, 768 So. 2d 97 (La.
App. 2000).
295:107 Alleged deficiencies in internal
conditions of housing authority building did not provide a basis, under
New York law, to impose liability on authority for shooting of police officer
by criminals who were using unlocked building basement to attempt to rob
another undercover officer Aversa v. New York City Housing Authority, 650
N.Y.S.2d 117 (A.D. 1996).